Says Focus Needs To Be On Investigation's Findings, Internal
Issues
Saying Brazilian authorities have put "the cart in front of the
horse" in that country's pursuit of charges against two American
pilots involved in a tragic midair collision in 2006, an
international pilots' association Friday called for Brazil to drop
its criminal investigation into the accident.
As ANN reported, pilots
Joseph Lepore and Jan Paladino were at the controls of an Embraer
Legacy 600 business jet that collided with a GOL Airlines 737-800
September 29, 2006 over the Brazilian Amazon. The pilots were able
to safely land their stricken bizjet... but all 154 people onboard
the airliner were killed when it crashed in the jungle, about 18
miles from Peixoto de Azevedo.
A preliminary investigation found the Embraer was flying at
37,000 feet bound for the US when it collided with the
southeast-bound 737 traveling on the same airway. The Legacy was at
a nonstandard altitude for the northwest-bound flight, but ATC
transcripts indicate controllers told the Legacy to fly 1,000 feet
higher than the altitude filed on the pilot's flight plan --
putting the two planes on a collision course.
After being detained in Brazil for several months and having
their passports seized, the two pilots were allowed to return to the
US three months later... on the condition they would
return to Brazil to face charges, filed before the men
actually left the country.
Last month, a Brazilian judge denied the pilots' request to
testify in their case in that country from US soil, citing an
international legal treaty.
Gideon Ewers, spokesman for the International Federation of Air
Line Pilots' Associations, said Friday it's time for Brazil to own
up to its internal air safety problems -- as evidenced by a TAM
A320 crash in July, that claimed 199 people -- and stop
scapegoating the two Americans.
"The bottom line is they've got the cart in front of the horse
on this," Ewers said, according to Newsday. "If they're serious
about improving air safety in Brazil, they've got to wait for the
(technical) report and swiftly apply any recommendations made by
it."
In addition to the two Americans, four Brazilian air traffic
controllers also face charges in the criminal case. An
investigation by Brazil's air accident investigation body has yet
to be completed.
"A Federal Police investigation running in parallel with the
independent accident investigation ... risks obscuring the benefits
of a proper investigation," said a statement from the pilots'
association. "Accordingly, IFALPA calls on the Brazilian government
to suspend the legislative inquiry and the Justice Ministry to
adjourn criminal proceedings."
Both US And Brazilian officials agree the Legacy's transponder
-- and the associated TCAS -- were not functioning at the time of
the accident... a situation that went unnoticed by both pilots.
As ANN reported, the NTSB
issued a related series of safety recommendations for Legacy 600
pilots in May... and the FAA warned Legacy pilots could
accidentally place the transponder in Standby mode when placing
their feet on a footrest below the panel.
ANN's Daily Aero-Linx (04.15.24)
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